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MATTER OF SMILEY-WALSCH v. NEW YORK CITY HOUS. AUTH.

172 A.D.2d 382 (1991)

In the Matter of Faye Smiley-Walsch, Respondent, v. New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1991

The eight month delay by the administratrix in filing a notice of claim for conscious pain and suffering, and the 23 day delay as to the claim for wrongful death, was excusable, and Supreme Court acted within its discretion in permitting petitioner to file a late notice of claim. In view of the fact that respondent undisputedly received prompt and actual notice of the underlying event, and absent any bona fide showing of...

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